Terms and Conditions of Hosting Services
This Terms Of Service agreement or Terms and Conditions (hereafter referred to as the "TOS") lays down the terms and conditions by which interVations Hosting Services (hereafter referred to as the "Services") will be provided to you upon registration. The TOS also describes prohibited uses of the Services. This TOS is not exhaustive and interVations reserves the right to modify it from time to time, effective when notification is posted at www.intervations.com.au. No verbal or written agreement/statement by any interVations employee or at interVations web site will take precedence over the TOS.
On registering for and using the Services, you the Customer agree to all the terms and conditions of the TOS, as modified from time to time, in its entirety. If Customer resells the Services he or she is paying for, the Customer will be responsible for his or her Clients. interVations only recognizes the Customer who is paying for the Services and not his or her clients. Violation of the TOS or any such action that interVations deems inappropriate may result in the termination or suspension of the Services for the Customer.
The Services purchased by the Customer will be in the form of a specific Windows or Linux. Each Service Plan outlines the features, resources and storage that interVations will provide to the Customer for the stated Service Fee. Each Service Plan along with their features, resources, storage and Service Fee are defined at www.intervations.com.au. interVations has the sole right to determine how the features, storage and resources under each Service Plan are interpreted and how they will be provided to the Customer. The Customer must clarify any questions about the Service Plan he or she wishes to purchase with interVations before registration. The Service Plan will be provided to the Customer in the form of a Service Account, which would allow the Customer to manage and use the features, resources and storage stated in the chosen Service Plan. All prices mentioned in the TOS and at www.intervations.com.au are in Australian Dollars (AUD) and exclude the 10% GST chargeable to Australian customers.
While registering for a Service Plan, All Service Accounts are setup on a pre-pay basis. Upon the start of each Billing Period, the Customer will be charged the Service fee for the duration of the Billing Period. There may be additional charges according to our Overage Policy (refer to section 1.1) if any additional resources, features or storage is purchased or used by the Customer under the chosen Service Plan (which were not otherwise included for free). The Billing Period will renew itself automatically at the end of each billing period, unless the Customer chooses to cancel his or her Service Account (according to the Cancellation/Refund Policy).
All charges will be debited against the Customer's balance maintained by interVations. If the Customer's debt exceeds $4.00 (AUD), he or she is required to clear his or her balance within 7 days by any available Payment Method (as specified on the Tax Invoice). Failure to do so may lead to Service Account suspension. The customer's Service Account would only be resumed when the customer clears his or her balance and pays for the Service Fee for the duration of the next Billing Period. If the Customer doesn't pay his or her balance within 14 days after Service Account suspension, interVations reserves the right to terminate the Customer's Service Account.
interVations reserves the right to change pricing of the Services from time to time. interVations also reserves the right to withdraw any feature from a Service Plan, at any time it wishes to do so.
1.1 Overdue Accounts, Returned Cheques and Suspended Accounts
If a customer exceeds the feature, storage or resources limits defined by his or her chosen Service Plan, he or she will be charged for the extra usage according to the Overage rates outlined in that Service Plan. A customer may also purchase additional features, storage and resources by the same overage rates. If a customer uses more than 200% of the resources allocated in the chosen Hosting Plan, interVations reserves the right to terminate the Customer's Service Account with a 5-day prior notification. All overage rates are prorated. The overage fees charged will be for the remaining portion of the Customer's current Billing Period.
Refunds will be made for unused months only of the current Billing period after deducting a Refund Charge of $50 (AUD) (plus GST for Australian Customers). If however the customer's registration date is less than 30 days from the cancellation date, the customer will receive a full refund and the customers account is not in renewal.
Refunds will not be made if the Customer's balance is not current or if the Customer has violated any terms of the TOS.
Domain name registration fees are NOT refundable.
Renewal invoices are generated and emailed generally 7 days prior to the renewal date of your service and must be paid in full via the payment methods shown at the bottom of the tax invoice provided.
Domain names are not renewed automatically if you have not paid in full by the due date. Depending on the domain name type you may be liable to pay a redemption fee based on the domain type (e.g.: .com.au or .com). The redemption fee is quoted at the time of redemption.
All Service Accounts must be cancelled by emailing Account Services. Cancellations must be made before the renewal date.
If cancellations are made after but within 30 days of the renewal date incur a 50% cancellation fee plus an administration fee of $30 (AUD) (plus GST for Australian Customers). The cancellation fee is to be paid within 7 days of the cancellation being submitted. Payment can be made by credit card (phone or online), direct deposit or cheque.
For cancellations received more than 30 days after the renewal date, the full amount of the invoice must be paid. Payment must be made by the methods shown at the bottom of the invoice.
3. Liabilities/Obligation on Service Account Termination
Services are provided on an "as is" basis." interVations is not liable to you for any compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the interruption, termination, suspension or cancellation of your Service Account.
Customer is liable to pay all charges accrued during Service Account operation. The customer is in no way relieved from paying these charges on Service Account interruption, suspension, termination or cancellation.
4. Material and Product Requirements
You must ensure that all material and data placed on interVations servers/systems is in a form requiring no additional manipulation by interVations. interVations will make no effort to validate any of this information for content, correctness or usability, unless contracted to do so.
Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use of the Services. You must have the necessary knowledge for your intended use of the Services. interVations will not provide this knowledge to the Customer.
5. Assisted Uploads
Customer agrees to pay interVations where assisted file upload services are required. ALL clients hosting accounts have FTP services enabled. File uploads can be performed either by using programs such as eFTP or by using the File Manager provided within the Control Panel. Our Standard hourly rate is charged for assisted uploads. Minimum charge is one hour, plus any additional hours above plus GST. Rates are charged based on one hour, not part there-of for any hours over one hour.
5.1. Assisted Uploads Fees and Charges
$150.00 (AUD) (plus GST for Australian Customers)
6. Intellectual Property Rights
You must not use the Services in a manner that would infringe, violate, dilute or misappropriate any copyright laws, or laws protecting trademarks, trade secrets or proprietary information. If you use a domain name in connection with the Services, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
7. Web Site Operation and Security
If you run a Web Site through the Services, you are solely responsible for it's operation and maintenance and interVations plays no such role in it.
You are also responsible for the security of any client credit card numbers and related client information you may access as a result of conducting electronic commerce transactions through your Web Site. interVations will not be responsible for the security of such information.
You also expressly (i) grant to interVations a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by interVations under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
8. IP Address Ownership
interVations shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by interVations. interVations reserves the right to change or remove any and all such IP numbers and addresses.
9. General Abuse
Any attempt to cause harm or undermine interVations servers, computers, network or customers is prohibited. Use of the Services to carry out any activity that is illegal under Australian and International laws is also prohibited.
Prohibited uses of the Services also include, but are not restricted to:
10. Email Abuse
The following activities are considered as email abuse and are prohibited:
11. Server Abuse
Server abuse includes any process or service usage that affects normal server/system operation, resources or connectivity, and which causes a server/system to become overloaded. Such abuse includes, but is not limited to, excessive CPU, hard disk and memory usage, excessive number of concurrent processes, excessive number of concurrent port or database connections and excessive bandwidth/disk space allocation & usage. Possible causes for server abuse include, but are not limited to, the excessive use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3, FTP and over allocation of resources such as extremely high mailbox space allocations which are greater than allocated account storage space. Upon detection of server abuse, interVations will try to disable the specific script, web site or database that is causing the abuse under your Service Account or correct any allocations interVations deem inappropriate. If this is not possible, interVations will suspend your entire Service Account. The specific script, web site or database under the Service Account or the Service account itself will only be resumed once the Customer has corrected the problem and convinced interVations that the abuse will not occur again. interVations will endeavor to provide prior notification before carrying out any such action but interVations may do so without any such notification, in its own discretion.
12. Notifications and Tax Invoices
All notifications and tax invoices to the customer will be sent by electronic mail (email) only. This helps interVations decrease its carbon emissions, paper usage, and is part of securing a better environment for the future. It is the responsibility of the customer to ensure his or her email address is valid at all times. interVations will not be responsible if Customer fails to receive any email interVations attempted to send.
13. Fault Reporting & Technical Support Requests
If a service is or is alleged to be defective or not supplied, the customer must immediately notify interVations Support team via the fault reporting & Technical Support procedure as advised via our Service Guarantee. If a Service failure continues for more than 24 hours, the customer must notify interVations Support team by telephone of the continuation.
The customer must also supply all relevant information which might be relevant to identifying and resolving the fault.
13.1 False Fault Reports
If the customer reports a fault and it does not exist, a false fault report call fee may be levied by interVations. interVations will provide evidence that the fault does not exist.
13.1.1 False Fault Report Fees and Charges
14. Lawful Purpose
interVations reserves the right to refuse service to anyone. Customers may only use the Services for lawful purpose. Transmission of any material in violation of Australian and International laws is prohibited. This includes, but is not limited to copyrighted material without explicit permission from the author/owner, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of interVations. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction the TOS was entered into and performed in Sydney , New South Wales , Australia and any dispute will be litigated or arbitrated in Sydney, New South Wales, Australia. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in the courts of Sydney , New South Wales, Australia. IN NO EVENT SHALL INTERVATIONS MAXIMUM LIABILITY EXCEED UNUSED PORTION OF THE TOTAL AMOUNT PAID BY CUSTOMER.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD INTERVATIONS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST INTERVATIONS, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS INTERVATIONS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH INTERVATIONS SERVICES; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM INTERVATIONS SERVICES.
INTERVATIONS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. INTERVATIONS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. INTERVATIONS DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY INTERVATIONS AND ITS EMPLOYEES. INTERVATIONS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
For further information, contact us.
© 1997-2007 interVations. abn: 11 319 701 566. All Rights Reserved.
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